Patna High Court
Sujeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to the conditions specified in the order.
Summary
Petitioner Sujeet Yadav, who has been in custody since 15 April 2025, applied for bail in a case registered under Sections 109, 132 and 121(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that thirty litres of illicit country-made liquor recovered from a motorcycle was being taken to the petitioner, while the petitioner contended that the liquor was not in his conscious possession and that he had been falsely implicated. The court examined the facts, the nature of the offences and the petitioner’s claim of non‑possession, and concluded that bail could be granted subject to strict conditions, including sureties, personal appearance, reporting to the Superintendent of Police and possible cancellation for future offences. The order also directed verification of the petitioner’s criminal antecedents and imposed a monitoring regime. The bail application was allowed.
Issues considered
- Whether bail should be granted to the accused in offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the fact that the seized liquor was not in the petitioner’s conscious possession justifies bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 132
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- illicit liquor
- conditions of bail
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60701 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- BIND District- Nalanda
======================================================
Sujeet Yadav, S/o Krishna Ballabh Yadav, R/o Village- Madan Chack, P.S.-
Bind, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nelima Sinha, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 06-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Bind P.S. Case No. 19 of 2025 registered for
the offence(s) punishable under Section(s) 109, 132 and 121(1)
of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s)
30(a) and 41(1) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution case, on search, thirty
liters of country made liquor was recovered from a gallon kept
in a motorcycle and the apprehended accused person disclosed
that the said liquor was being taken to the petitioner, namely,
Patna High Court CR. MISC. No.60701 of 2025(4) dt.06-01-2026
2/3
Sujeet Yadav.
4. The learned counsel for the petitioner submits
that the seized liquor has not been recovered from the conscious
possession of the petitioner and he has falsely been implicated
in this case. It has lastly been submitted that the petitioner is in
custody since 15.04.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case, let the petitioner, above-named, be released on bail
on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Bind P.S. Case No. 19 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
Patna High Court CR. MISC. No.60701 of 2025(4) dt.06-01-2026
3/3
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
of Police, Nalanda (Biharsharif) within fifteen (15) days of
his release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation
of bail of the petitioner for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the Court
concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
Checking your session…